In Northern Kentucky the next step after someone is arrested for a felony is a preliminary hearing. This is a contested hearing before a district court judge and usually occurs within 10 days of arrest (especially if the defendant remains incarcerated after arrest).
The prosecutor presents witnesses to try and convince the judge that there is probable cause to believe that a crime was committed and that the defendant committed the crime. Because the burden of proof is much less than at a trial, the prosecutor generally does not call all potential witnesses to testify at the “p.c. hearing”; generally, the victim and some eye witnesses or the police witnesses (if there is no victim) testify. The defense can cross examine the witnesses, and can present its own evidence (including witnesses).
If probable cause is established, the defendant’s charges are “referred” to the grand jury. If the judge decides that there is not probable cause that the defendant committed the crime, the charge can be dismissed or reduced to a misdemeanor for trial in district court. Defendants can also decide to waive their rights to a probable cause hearing, wherein the charges are referred to the grand jury without any testimony or hearing.
